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Archive for ‘Substantive Law: Legislation’

Constitutional Amendments for Electoral Reform

On November 11, 1947, Winston Churchill said to the British House of Commons,

Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.…

The concept has been attributed to Churchill himself, but it’s clear he was quoting another unknown source. In the aftermath of the collapse of the Soviet Union, social scientists have explored with wonder . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Ontario Lawyers: Keep OHIP Subrogated Claims in Mind

This article is by Cynthia Miller, Unit Director & Counsel at LAWPRO.

Counsel representing clients who seek compensation for injuries caused by another’s negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long-Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from the tortfeasor. Failure to advance OHIP’s subrogated claim can lead to adverse consequences for both the injured plaintiff and plaintiff ’s counsel.

Accordingly, solicitors are wise to develop a working knowledge of the principle of subrogation, and to implement file management . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Tip or Other Gratuity: Proposed Credit Card Processing Fee Exemption Under ESA

In general in Canada, restaurant and bar patrons are expected to leave a tip amounting to approximately 15 percent of their total bill when dining out or drinking. However, we usually do so without asking ourselves how the money will be divided among staff members. Well, it seems in Ontario, it is a common practice for restaurants to require servers to share their tips and gratuities with their managers and the owners.

Protecting Employees’ Tips Act, 2015 (Bill 12), amended the Employment Standards Act, 2000 (the “ESA”) to provide that employers are prohibited from taking any portion of an employee’s . . . [more]

Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

Protection Against Sexual Harassment Now Covered Under OHSA

On March 8, 2016, the Ontario government gave royal assent to the Sexual Violence and Harassment Action Plan Act (Bill 132) to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and other forms of abuse. The Act aims to make workplaces, campuses and communities safer and more responsive to the needs of survivors and to complaints about sexual violence and harassment. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario Human Rights Commission’s Policy Position on Gender-Specific Dress Codes

Written for First Reference by Christina Catenacci, BA, LLB, LLM, and PHD student at the University of Western Ontario

Can you think of a store, restaurant, or bar that appears to require women to wear low-cut tops, short skirts, tight dresses, or high heels when they go to work? Well, it might be wise for those employers to take another look at their dress code policy in light of the Ontario Human Rights Commission position on gender-specific dress code announced on International Women’s Day 2016 and the passing into law of occupational health and safety provisions protecting against workplace sexual . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Substantive Law, Substantive Law: Legislation

Québec Bar Association CAIJ Portal Launches Special Section on Province’s New Code of Civil Procedure

This is a follow-up to the February 1, 2016 post about Background Material on Québec’s New Code of Civil Procedure .

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), has created a special section on its website that brings together information about the province’s new Code of Civil Procedure that came into force on January 1, 2016.

The Code underwent a major overhaul that aims to reduce delays in the justice system by giving priority to amicable dispute resolution processes such as mediation, arbitration and conciliation, and by increasing . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Guidelines to Develop Whistleblowing System

The CSA Group (formerly the Canadian Standards Association) with the assistance of the nationally based law firm Grant Thornton LLP has developed a free guide to help organizations develop and maintain a whistleblowing system with the goal to encourage workers to report ethical and safety issues within an established mechanism. Reported issues include suspected tax fraud, accounting fraud, corporate fraud, insider trading, health and safety issues and other serious offenses. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Effective Start Date of ORPP Delayed

In a previous Slaw blog post, we discussed the Ontario government’s establishment of the Ontario Retirement Pension Plan (ORPP) by January 1, 2017 with enrollment starting in 2016. On February 16, 2016, the Ontario government announced that they have decided to delay the effective start date of the Ontario Retirement Pension Plan (ORPP) after entering into an agreement with the federal government that would allow for time to find a solution to individual Canadian pension shortfalls and a possible enhancement to the CPP. This entails: . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario Retirement Pension Plan: It’s Coming!

With the Ontario Retirement Pension Plan Act, 2015 now in force, the Ontario government is moving ahead to establish the ORPP by January 1, 2017. The ORPP is a made-in-Ontario alternative to a Canada Pension Plan (CPP) enhancement.

The plan is needed according to the government because many Ontarians, including middle- and higher-income earners, may not be saving enough to ensure comparable standards of living in retirement.

The ORPP is mandatory for employers without a comparable workplace pension plan. Employers who already offer a comparable workplace pension plan will not be required to participate in the ORPP. All workers must . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Background Material on Québec’s New Code of Civil Procedure

Quebec’s new Code of Civil Procedure came into force on January 1, 2016. It involves an ambitious overhaul of the way cases are supposed to work their way through the courts and it is intended to increase access to justice.

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), recently added an annotated version of the province’s new Code of Civil Procedure to its website (in the lefthand column of the eLois page, click on “Code de procédure civile (nouveau)”). 

 The annotation includes the sections of the new Code, a . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Electronic Designation of Beneficiaries

From time to time the question of electronic wills is raised for discussion. This Uniform Law Conference has visited the topic a couple of times.

I have a related question today: should people be able to use electronic means to designate beneficiaries of savings plans (pension plans, RRSPs, TFSAs etc.) or insurance policies? If so, how? And if not, why not?

Usually such designations have be in writing and signed. The Uniform Electronic Commerce Act permits both e-documents and e-signatures. However, the UECA excludes wills and codicils. Most if not all provinces and territories have adopted this exclusion.

It is . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

AODA New January 2017 Compliance Deadlines

Large and small organizations in the private and non-profit sectors have a new Accessibility for Ontarians with Disabilities Act (AODA) compliance deadline coming up on January 1, 2017.

1) Large organizations (50+ employees)

Starting January 1, 2016, provincially regulated organizations with 50 or more employees in Ontario must work to comply with the design for public spaces standards under the built-environment to address barriers impeding access to outdoor public spaces by persons with disabilities, but not those barriers inside buildings. This task must be completed by January 1, 2017.

This standard covers a variety of public spaces such as exterior . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology